Madhukar Sadashiv Mali And ORS. v. The Oriental Insurance Co.Ltd.

osk 16-CAF-2809-2012.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2809 OF 2012 IN FIRST APPEAL NO. 1950 OF 2007 Madhukar Sadashiv Mali ...

Applicant V/s.

The Oriental Insurance Co. Ltd. & Ors.

...

Respondents • Ms.Tanvi Kamat i/b. Mr.Mandar Limaye for the Applicant. • Ms.Minal Chandnani i/b. Mr.J.S. Chandnani for the Appellant. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 24th OCTOBER, 2018.

P.C. :

1] This is an application filed by the Applicant-Claimant for permitting him to withdraw the amount of compensation without insisting for any security or the Bank Guarantee. 2] It is submitted that, vide order dated 5th October, 2007, passed in Civil Application No.1957 of 2007, permitted the Applicant to withdraw the entire amount of compensation, subject to furnishing security to the satisfaction of MACT.

3] Learned counsel for the Applicant submits that, due to the accident the the Applicant has become disabled and he has no source of livelihood, hence the condition of furnishing security to the satisfaction of MACT, Sangli, may be waived.

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osk 16-CAF-2809-2012.odt 4] Considering the requirements of the Applicant-claimant, he is permitted to withdraw only 50% of the amount of the compensation, subject to furnishing of usual undertaking. 5] The Civil Application is disposed of in above terms. 6] The Appeal be added to the 'Final Hearing Board'. [DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2